MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 May 2000                   
	DOCKET NUMBER:   AR2000037045

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected to show he was promoted to Sergeant First Class (SFC), E-7 prior to his retirement.

APPLICANT STATES:  That he should have been promoted to SFC because of his time in grade.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

He  initially entered the Army on 28 August 1943 and separated on 12 May 1946. He reenlisted in the Regular Army on 10 March 1947.  

The applicant’s DA Form 20, Enlisted Qualification Record shows that he was assigned to Headquarters Company, 4th Engineer Battalion, Fort Lewis WA on    8 May 1961 and performed duties as a Bridge Sergeant, SSG, E-6.  He was promoted to the temporary rank of Staff Sergeant (SSG), E-6 on 25 September 1961, the rank being made permanent on 1 April 1963.  On 8 September 1963, he was reassigned to the 55th Engineer Company, Germany and performed duties as a Bridge Foreman, SSG, E-6.  He retired on 1 February 1965 in the rank and grade of SSG, E-6 after completing over 20 years active Federal service.  

Army Regulation 600-200, chapter 7 governed enlisted promotions at the time.  In order to be eligible for temporary appointment to pay grades E-4 through E-9, a soldier must have met all of eight eligibility and selection criteria, including being recommended by the unit commander and occupying a position vacancy of a higher rank or pay grade.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no evidence of record to show the applicant met the eligibility criteria for appointment to SFC.  There is no evidence of record, and he provides no such evidence, to show that his unit commander recommended him for promotion.  In addition, the evidence of record shows that he did not occupy an E-7 position vacancy.  That would have precluded him from being recommended for promotion.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __jma___  __cjp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037045	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.